THE CONTINGENCY PRESIDENCY: PRESIDENTIAL IMMUNITY INVOKED IN KENTUCKY CASE BY TRUMP’S LOCAL COUNSEL

Below is my column in USA Today on the concern over arguments being advanced in the dozens of personal cases pending against President Donald Trump across the country. As someone who acquired his wealth in the New York real estate market, Trump has been a frequent litigant and is someone who is not deterred by threats of litigation. Indeed, in that market, litigation is treated as an extension of the business and often used in leverage or delay tactics. As President, Trump cannot maintain the same approach to the courts if he has any concern over the position of his office. Much of the privileges surrounding the presidency are not expressly stated in the Constitution. They are, therefore, vulnerable to the curtailment of negative rulings. For that reason, most presidents have avoided court tests and invoke privileges and immunities cautiously. Yet, no president has ever had this massive number of private lawsuits…